ARNOLD v. SHELL OIL COMPANY

No. 26793.

419 F.2d 43 (1969)

Jack ARNOLD and Neal M. Demesia, Plaintiffs-Appellees, v. SHELL OIL COMPANY, Defendant-Third Party Plaintiff-Appellant, v. LIBERTY WELDING AND IRON WORKS, INC., Third-Party Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 17, 1970.


Attorney(s) appearing for the Case

L. Howard McCurdy, Jr., John J. Weigel, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Shell Oil Co.

Frank S. Bruno, Arthur B. Hammond, New Orleans, La., for plaintiffs-appellees.

A. R. Christovich, Jr., Christovich & Kearney, New Orleans, La., for Liberty Mutual Insurance Co.

Louis B. Porterie, New Orleans, La., for Liberty Welding and Iron Works, Inc.

Before WISDOM and MORGAN, Circuit Judges, and DAVIS, Judge of the United States Court of Claims.


WISDOM, Circuit Judge.

In this diversity case the sole question on appeal is whether the work Liberty Welding and Iron Works, Inc. performed for Shell Oil Company on a heater treater was part of Shell's "trade, business, or occupation" for purposes of coverage by the Louisiana Workmen's Compensation Statute, L.R.S.A. § 23:1061. The district judge submitted this question to the jury. The jury found that the work was not part of Shell's "trade, business or occupation...

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